Day To Day Bickering Between Husband & Wife Is Not Cruelty U/s. 498A IPC: Calcutta High Court

It is to be noted that in the de facto complaint by the wife, while setting aside the conviction the court took note of the two medical reports which exhibited simple injuries like bite marks.

However, while upholding the conviction and sentence under Section 323 IPC (punishment for voluntarily causing hurt) considering the oral and corroborating documentary evidence, a bench of Justice Sugato Majumdar observed, “The de-facto complainant was medically examined twice. Both the medical report shows simple injuries like bite marks. Cruelty contemplated in Section 498A of the Indian Penal Code is different from day to day bickering between the husband and wife. Sweeping and general allegations cannot be relied upon to conclude that offence under Section 498A of the Indian Penal Code has been perpetrated. The Trial Court committed error in coming to conclusion that the Appellant is guilty of offence under Section 498A of the Indian Penal Code. There are latches on the part of the Trial Court in appreciation of evidence. Therefore, conviction under Section 498A of the IPC is liable to be quashed”.

Advocate Hillol Saha Podder appeared for the appellant and Advocate Aditi Shankar Chakraborty appeared for the respondent.

In the factual matrix of the case, the wife of the Appellant was the de-facto complainant who lodged a complaint in 2016 alleging demand of dowry, torture and attempt to murder against her husband, the present Appellant and the mother-in-law.

After commitment charges were framed under Sections 498A, 323, 324, 307, 34 IPC.

Pursuant to the trial, the Appellant was convicted under Section 498A of IPC and sentenced to suffer simple imprisonment for six months as well as fine of Rs.10,000/- in default to suffer simple imprisonment of one month.

The Appellant was also convicted under Section 323 of the Indian Penal Code and was directed to pay fine of Rs.1000/- in default to suffer simple imprisonment for one month.

However, the trial court, in the matter convicted and sentenced the Appellant-husband and acquitted the mother-in-law.

The defense of the accused persons were false implication and innocence, as appeared from the trend of cross-examination and examination under Section 313 of the Code of Criminal Procedure.

Resultantly, the bench disposed of the instant appeal along with pending application, if any.

Cause Title: Ranjan Das v. The State of West Bengal & Anr.